Sec. 43. (a) An entity may not provide a rating credit for equipment:

(1) that cannot satisfactorily be identified as to kind, type, and capacity; or

Terms Used In Indiana Code 36-1-9.5-43

  • contractor: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work. See Indiana Code 36-1-9.5-10
  • entity: means the following:

    Indiana Code 36-1-9.5-11

(2) for which the essential information concerning the equipment’s cost and age is not supplied.

     (b) An entity shall provide a contractor with a tentative factor of one hundred percent (100%) in the contractor’s aggregate and respective classified ratings. Each of these tentative factors may be reduced wholly or in part for the contractor’s deficiencies in the following areas:

(1) The contractor’s organization and personnel.

(2) The contractor’s work experience and prosecution of work on previous contracts.

(3) The contractor’s quality of workmanship on contracts.

(4) The condition and adequacy of the contractor’s equipment.

(5) The contractor’s experience with the general public and equal employment opportunity requirements.

As added by P.L.85-1991, SEC.3.